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HomeMy WebLinkAbout12-4552Stipulations Against Liens ti JULY 17, 2012 I L.3 tt the Court of Common V[eag tlCountp of Home Designs Unlimited, LLC Cumberland i t?,?UL 23 ANN: le , P Wt MBERLAND uojjt?T y Home Designs Unlimited, LLC PENNSYLVANIADocket Number ??- l/1 Ss? /Jf G ]? Contractor Page Number Ifjereag, Home Designs Unlimited, LLC ("Contractor") of PO Box 1005, New Kingston, Pa 17072, h into a contract with Home Designs Unlimited, LLC ("Owner") of PO Box 1005, New Kingston, Pa 17072, for the construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 723 Appalachian Avenue, C 17013, North Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of wl Designs Unlimited, LLC is the title holder of record; and Vbereag, it is the intention of Owner and Contractor that neither said lot of ground nor the improvem or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any s for labor or materials furnished in the said erection or construction, and that the right of anyone to claim any waived hereby. ,hobo, 19bis 9greement VttnegOtb: That Contractor, for and in consideration of the contract afore., considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, ai to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all sub materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor c Term 20 entered section or rlisle, PA :h Home s erected .ontractor ;h lien be d and the aid by the intending ntractors, er lien or any part I laborers Mnb this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall o erate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the building as well as to any work and labor done and materials furnis ed under the contract aforesaid. i Zinb, in order to give the Owner full power and authority to protect Owner and the building, improveme is and lot of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in viola on of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Corn on Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as a orney for Contractor and in Contractors name, mark satisfied of record at the cost and expense of the Contractor, r of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any sub ontractor or materialman, or in the name of any one or more of them against the building, improvements, lot of ground o any part thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to a Court, Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authorty herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and l manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or cone rning the same. Witness our hands and seals the day and year aforesaid. Homepdsignjk Unlimited, LLC Denise P. Thompson, Member Denise ? Thompfon, Member 421.x. 0 0 ed e# 3x67 S- -yr- a'7 8#2 73 File No. 31,864HOMEDESIGN r k JEJ[A;Wr) -f- LEGAL DESCRIPTION ALL THAT CERTAi N lot. parcel or tract of land located in North Middl n Township Cumberland County, Pennsylvania in accordance 'with a Final Subdivision PI of Mountain View Estates, Phase 4 prepared by Hartman and Associates, Ina & ' and recorded in the Office of the Recorder of Deed= in wW for Cumberland COSmn Suyl ors in Inshvmextt No.: 201025023, more particularly bounded Q' Pennsyly 'a and da"11W as follows, to wit: the me BEGINNING at a point on the eastern right-of-way line of App dacbian Avenud at fivnt preppy corner of Lot No. 10 and Lot No. 11 as shown on the above ref Plan; thence along the dividing Tina between Lot No. 10 and Lot No. I l North 54 degrees 16 Ltn i18 seconds East, a distance of 100.00 feat to a point; thence con North 59 degrees 39 minutes 28 seconds East, a distance of 139.02 fm to a ??degrees 38 mi winutes 37 eseconds P?fi thence 3atitb 9 lino ens 38 Trail; t> East, a distance of 99.73 feet to a point on the nordumn rl girt-of-w y adriglt-of-wylneofTusoyTalSouth60dg21 23 seconds West a distance of 72.33 feat to a point; thence by a airve to the left having a rad mmu*s ius f 275.00 feet and an arc length of 43.34 feet to a point; thence South 50 degrees 48 minutes seconds Want, a distance of 93.18 feet to a point at the intasectlon of T ussey Trail and A Avenue; thence by a curve to the righ having a radius of 11.00 feet and an arc length of 17.26 f ach* to a point on the eastern right-of-way, line of Appalachian Avenue; thence along line of Appalachian Avenue North 39 acrid right-of-w y degrees 11 mimrtas 37 secoexds West, a distetnae of 82.37 to a point; thence by a curve to the right having a radius of 273.00 feat and an arc length of 16.83 f to a point, said point being the Plata of BEt3INNINO. CONTAINING 23,719.23 square fat or 0.5445 acres. BEING Lot No. 11 as shown on the Final Subdivision Plan of Mountain View Estates, Phase 1, prepared by Haanman and Associate % Inc., Engineers do Survom and recorded in the Office of the Recorder ofDeeds in and for Cumberland County, Pennsylvania in Instrument No.: 201025023 UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions, and rights of way of record or visible upon inspection of prenaisca, BEING a part of the same premises which Fred A. Gettys and Fred A. Gettys, LLP a Pennsylvania Limited Liability, by Deed dated September 2, 2010, and recorded September 23, 2010, in the Office of the Recorder c Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 201026594, granted and convey unto Classic at Mountain View Estates Limited Partnership. BEING the -ame premises which Classic at Mountain View Estates Limited Partnership by Deed dated , 2012 and about to be recorded in the Office of the Recorder of Deeds in and the County of berland, Pennsylvania, granted and conveyed unto Home Designs Unlimited, LLC, Mortgaq herein.